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Can we not hire? Maryland

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  • Can we not hire? Maryland

    We recently interviewed a candidate and we thinking of offering a position. This is a small community and we heard he was fired from his old job for stealing - we looked into it and found that he does in fact have an open case on the docket. He did not reveal this on the application. Although, I guess he has not been convicted yet as it is still open. Can we not hire him based on this?

  • #2
    Of course. You're not obligated to make an offer to anyone.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      agree -- you did due diligence by checking references and found something that disqualifies. Especially since he didn't bother to let you know that you might find it. There is no way I would hire.

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      • #4
        I guess my concern was - the company he worked for does not give references so we did not find out that info from them and the case is still open so he has not actually been convicted yet - which is probably why he figured he did not have to inform us. On our application it says have you ever pleaded guilty, been convicted, fined or imprisoned or placed on probation...... so technically he has not since he has not gone to trail yet. But we really do not want to hire someone who has been fired, as I am sure they have a solid case to have fired him and then his trial starts within the next few weeks.....

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        • #5
          that's another reason why it is good to ask in an interview if there is anything that will keep them from fulfilling the needed work/training schedule within the first few months of the job (during what some call a probation period)....usually it means planned vacations, etc. But it would have been interesting to see what his answer would have been....

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          • #6
            People awaiting trial for a crime are not a protected class. Also, you are under no obligation to disclose what you found. Just "we found another candidate who was a better fit." End of story.

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            • #7
              Unless you obtained the information via some illegal means (like hacking his phone or something), then it doesn't matter that you didn't get it from a formal reference check.

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              • #8
                Going on a limb, you ran his name through the Judiciary site and got a hit. It is public record and there is no reason you can't take a step back based on it.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  Thanks everyone. We are going to "pursue other avenues".

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